Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Workers' Compensation
C.P. No.: 2008-14075
Claimant: Orlando Andujar
Claimant's Attorney: Triarsi, Betancourt, Wukovits & Dugan
Attorney's Address: Centennial Plaza, 186 North Avenue East, Cranford, New Jersey 07016
Settlement Amount: $49,394.00
Funding Source: Insurance Fund Trust Account
Additional Comments:
Invitation: Corporation Counsel, June 4, 2014
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WHEREAS, the Petitioner, Orlando Andujar, instituted suit in the Division of Workers' Compensation of New Jersey, Essex County, bearing C.P. Number 2008-14075 against the City of Newark seeking workers' compensation benefits, as a result of an accident that he sustained on March 2, 2008, while working as a Police Officer for the Newark Police Department; and
WHEREAS, following settlement negotiations through Petitioner's attorney, Triarsi, Betancourt, Wukovits & Dugan, Corporation Counsel and/or his/her designee, Chasan Leyner & Lamparello, P.C. ("Outside Counsel") have agreed to amicably resolve and settle this matter under Section 22 of the Workers' Compensation Act (N.J.S.A. 34:15-22) by payment in the amount of Forty-Three Thousand Six Hundred Fifty Dollars ($43,650.00). Pursuant to the terms of the Settlement Order to be executed by the Judge of the Division of Workers' Compensation, the City of Newark will also pay an attorney's fee of Five Thousand Two Hundred Fifty-Four Dollars ($5,254.00), a medical evaluation fee of Four Hundred Dollars Zero Cents ($400.00) and a transcription fee of Ninety Dollars ($90.00) for a total settlement of Forty-Nine Thousand Three Hundred Ninety-Four Dollars ($49,394.00); and
WHEREAS, this settlement is subject to approval by the Judge of the Division of Workers' Compensation; and
WHEREAS, the total value of this settlement may be subject to minor changes in amount or distribution at the time the Settlement Agreement is approved and the Settlement Order executed by the Judge of the Division of Workers' Compensation; and
WHEREAS, the Municipal Council believes it is in the best interest of the City of Newark, that minor changes to the amount of the settlement and distribution shall not require subsequent Municipal Council approval provided the settlement amount is not increased or decreased above Five Hundred Dollars ($500.00) and all the terms and conditions are substantially the same as authorized by the resolution; and
WHEREAS, based upon all of the facts and circumstances surrounding this matter, Corporation Counsel and/or Outside Counsel deem it is in the best interest of the City of Newark to accept said settlement in the total amount of Forty-Nine Thousand Three Hundred Ninety-Four Dollars ($49,394.00).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The settlement of the Workers' Compensation matter bearing C.P. No. 2008-14075 is hereby approved.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all supporting documents, the Acting Director of Finance is hereby authorized and directed to issue checks in the amounts as follows:
(a) $39,774.00 (Thirty Nine Thousand Seven Hundred Seventy-Four Dollars) made payable and mailed to Orlando Andujar, 162 North 9th Street, Newark, New Jersey 07107. (It is understood that pursuant to the terms of the Settlement Order to be entered by the Judge of the Division of Workers' Compensation, $3,476.00 (Three Thousand Four Hundred Seventy-Six Dollars) is being subtracted from the Petitioner's award to pay attorney's fees, and $400.00 (Four Hundred Dollars) is being subtracted to pay for medical evaluations in accordance with the settlement provisions.)
(b) $8,730.00 (Eight Thousand Seven Hundred Thirty Dollars ) made payable to Triarsi, Betancourt, Wukovits & Dugan, Centennial Plaza, 186 North Avenue East, Cranford, New Jersey 07016.
(c) $800.00 (Eight Hundred Dollars) made payable to Sall/Myers Medical Associates, Post Office Box 2947, Paterson, New Jersey 07509.
(d) $90.00 (Ninety Dollars), made payable to William C. O'Brien, Inc., Post Office Box 428, Kenilworth, New Jersey 07033.
3. Attached hereto are the Certifications of Funds from the Comptroller of the City of Newark, which state that there are sufficient legally appropriated funds available for the purpose set forth hereinabove and which state that the line appropriation of the official budget which shall be charged: Fund 024, Agency 24T, Orgn 5T24, Object 96310. A copy of the Comptroller's Certifications shall be filed by the Corporation Counsel in the Office of the City Clerk, along with a copy of this resolution.
4. Minor changes to the amount of the settlement and distribution shall not require subsequent Municipal Council approval provided that the settlement amount is not increased or decreased above Five Hundred Dollars ($500.00) and all the terms and conditions are substantially the same as authorized by the resolution.
5 A fully executed copy of the Order Approving Settlement shall be filed in the Office of the City Clerk by the Corporation Counsel.
STATEMENT:
This resolution hereby authorizes Corporation Counsel or his/her designee, Chasan Leyner & Lamparello, P.C., ("Outside Counsel") on behalf of the City of Newark, to effectuate settlement by entering into an Order Approving Settlement of a Workers' Compensation claim in the amount of Forty-Nine Thousand Three Hundred Ninety-Four Dollars ($49,394.00) brought by Orlando Andujar 162 North 9th Street, Newark, New Jersey 07107, represented by Triarsi, Betancourt, Wukovits & Dugan, Centennial Plaza, 186 North Avenue East, Cranford, New Jersey 07016, who suffered injuries arising out of an accident that occurred on March 2, 2008, while he was employed as a Police Officer for the Newark Police Department.